I received a summons by a deputy sheriff regarding a debt from Capital One. Capital One first gave it to a collection co. called NCO Financial Services. Then from there, it went to the Law Offices of Pollack & Rosen and finally it's in the hands of Trauner, Cohen & Thomas who are the ones bringing the action against me. The paper states that I'm summoned and required to files with the Clerk of the court an answer to the complaint and I've been given 30 days to do so. My question is, "How do I answer a complaint?" I don't have the money to pay it, obviously, since the original debt has changed hands 3 times. I do own a home and if I don't answer and they get a default judgment I assume the judge can put a lien against my home which originally I thought unsecured debts as credit cards could not do since I didn't sign anything giving them the right to put a lien on my home if it weren't paid. Specifically, how do I answer this? What's the correct way? My guess after reading the forums is they won't have the information needed to verify whether I owe the money or not (particularly since it's been passed on to so many collectors) but I don't want them to get a default judgment.

Also, what gripes me, is that the female deputy who delivered the summons wrote on it, " Tacked on door due to subject not wanting to come to the door. Spoke w/her on phone she advised I had the wrong number # got number from house memo states Bonnie (last name) phone number (and my number)." This is partial lies and assumptions on her part and I want to ask how legal is this. First, I did come to the door. It took me a while as I was upstairs sleeping because my daughter had an emergency c section delivery a premature baby and I'd been spending most of my time at the hospital. The deputy's phone call woke me but she asked for "Bonnie (married name)" which I dropped during my divorce so when people call asking for that person I say I'm not her because I'm not." The memo she says she got the number and correct name from is a note I have pasted on my door for realtors not to come in unless they call my agent or me first as I've had them simply walk in with no notice surprising me in stages of undress. So having been awoken, I heard the doorbell at that point and did come to the door and accept the summons (which she did not have me sign as having received it). I'm angered that she says on the summons that I didn't come to the door and that she assumed that I was home and didn't WANT to come to the door. There was nothing to lead her to believe I was even home. My car was in the garage behind and under the house, there was no TV on as I was asleep, the shades were drawn because I was asleep. So it angered me that she wrote this crap on the summons that wasn't true. And if they hand it to you in person, as she did, is she not required to get me to sign it? And is it legal for her to write a lie on the summons?

Thank you,
Bonnie

Ok, The first thing you need to do is simply file an Intent to Defend. You don't have to give grounds at this point. The purpose of the Intent to Defend is to get a court hearing on the suit. Otherwise they get a Default Judgement.

Second, most states exempt your personal residence from attachment over unsecured debt. Even if they can file a lien, a line just states they have to be paid before you can sell the property. They can't force a sale.

After you file the Intent to Defend you ask the creditor to furnish proof of the debt and their ability to collect on it. When a debt has changed hands so many times, its possible they will not be able to produce such documentation.

Another option would be to offer a settlement for $.50 on the dollar. When its changed hands so many time, they paid pennies on the dollar for it.

As for the delivery, you really can't prove she lied and if a signature was required, she wouldn't have been able to just leave it.

Thank you so much for your answer! I want to be sure I do it absolutely correctly, so at the risk of appearing stupid, I just type a letter that states, "My intent is to defend against this lawsuit" sign it and date it and attach a copy of the summons to my letter? Do I ask the creditor to furnish proof of the debt and their ability to collect on it prior to the date in court or in court? And what percentage of these collectors actually show up in court?

The offer to pay $.50 on the dollar when they paid pennies for the debt sounds attractive, but when do I do that? And how do I know what they paid for the debt, do they have to show that amount to the court? Do I gamble and hope they don't have the documentation or don't show up?

Thanks again so much.

Bonnie

PS. The state I live in is GA and my house is already on the market (not moving at ALL) and I want to sell it so badly and don't want a lien against it that would make it seem problematic for a buyer. I want a smooth sale with no problems attached.

Quote:

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Originally Posted by BonnieMae

The offer to pay $.50 on the dollar when they paid pennies for the debt sounds attractive, but when do I do that? And how do I know what they paid for the debt, do they have to show that amount to the court? Do I gamble and hope they don't have the documentation or don't show up?

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Hello Bonnie:

No, I would NOT gamble. If you want to settle it, do it NOW. You can do it on the phone, but don't send money until you have your arrangements in writing.

If it's settled, they won't show up in court.

excon

How do I know how much they paid (it's changed hands 3 times after the original credit card)? I assume each time it changed hands they paid less and less for it. I want to be sure I can pay it (which I have hardly any money at this point) so what proof do I have or do they have to show as to what they actually paid for the debt?

Do I call this third party collector and ask them what they paid for the debt? Do I want to contact them directly at all? What benefit does the Consumer Credit Counseling Services offer? Do they get the amounts these third hand collectors purchased debts for and help you offer the $.50 on the dollar? And once this is done, is there a way to ask them to wait for their payment in full once my house has sold? I have no avenue to pay NOW.

What they paid is immaterial and really not your business. Nor is it information you are entitled to. The real questions are a) are you sure the debt is valid, meaning it's a debt you signed for and b) how old is the debt and when was the last activity on it.

If you acknowledge the debt and its fairly recent and you can afford a settlement, then I would handle it like this:

1) Send a copy of the summons to the court with a letter stating that you intend to defend against this suit and that you request a that a court hearing be scheduled.
2) Send a copy of what you send to the court to the creditor. In your cover letter to the creditor, request that they provide you with documentation of the debt and their roght to collect on it.
3) Also in that letter, state that if they can prove the validity of the debt, you might be willing negotiate a settlement.

Then sit back and wait for them to respond.

The debt is valid... the last activity (last payment I made on acct. was over 2 years ago) and as I mentioned before, it's changed hands 3 times (not including original credit card).

I can't afford a settlement until my house sells. I'm completely broke. When my house sells then I do intend to settle with these people and others. But I can't now.

Do I do everything as you suggest with the exception of saying I might be willing to negotiate a settlement? Or is it reasonable for me to do all you suggest and say I might be willing to negotiate a settlement but they won't receive any monies until my house sells?

And when I say I might be willing to negotiate a settlement that's not promising that I WILL, right?

When you say sit back and wait for them to respond, it's possible they may not respond at all
Since it's changed hands 3 times and they may not have the documentation that I ask for in my letter. Is this a reasonable thought?

I hope you respond again, you give such good advice. I wasn't on line yesterday so just read your message this evening. Thank you so much for your trouble.

Bonnie

PS I'm not a bum and not the sort who doesn't pay their bills. It's a terrible situation I find myself in and not one that's ever happened to me before. I'm desperately trying to sell my house so I can climb out of this nightmare.

Offer the settlement and explain the conditions of when you will be able to pay.

PS.

You must spread some Reputation around before giving it to ScottGem again.

Well, I tried!

As Scottgem stated file Notice of Intent to Defend, then File Motion to dismiss improper service or lack there of. THe court must obtain jurisdiction before they can proceed, imporper service does not give the court jurisdiction. As for the Comments on the Summons, file a formal compliant with the Sheriff Office, they are not lawyers and that will be your proof of improper service, comments show their incompentence for proper service.

Now, file a discovery against the plaintiff by way of their attorney, limit question to 7 of 8, like 1. " produce certified copy of the original contract I signed. 2. Complete accounting of the alleged account from the begining. 3. Did the firm purchase the alleged debt. 5. Was the Statute of Limitations expired? Now disocvery must be signed under oath and true, correct and complete, anything else is a lie, and you can file Motion to compell discovery. Dont be afraid of the court, they are suppose to help you.

Never agree to anything before discovery, they have to prove thier claim not you.

Be careful of the Judge that you dont admit the alleged matter unitl they produce the original contract to compare signatures, SImply state " I cannot either admit or deny until the original contract is produced to compare signatures, I have no recall of the alleged matter."

REMEMBER, nothing less than a certified copy of the original contract you signed they intend to produce at the hearing, no contract, no claim. Only the original, make the judge understand you want the original contract to compare signatures, nothing less it your right, and in today's world computers can cut and paste anything on a doucment.

mr.yet

Thank you so much for your swift response. I just read it this a.m. as my daughter had an emergency c section recently delivering a baby 5 weeks early, then after I wrote you, she had to go back to the hospital. I've got until the 09/28 to answer the summons... when it rains it pours so I've been feeling so overwhelmed.

When you say to file Notice of Intent to Defend is that simply something I type up on my computer or is there a form the courthouse provides that I fill out for this? And to File Motion to dismiss improper service or lack there of this is referring to how the deputy served me and the lie she wrote on the summons? Is this something I type on my own at home or is there a specific form I should get at the courthouse? With the comments on the summons you said for me to file a formal complaint with the Sheriff's Office, again do I just type up something at home or is there a complaint form at the Sheriff's Office I need to fill out? And if these are all things I type at home will my wording suffice without a legal background? Can I just type out that I intend to defend against Civil Action # and then date and sign it and take it to the courthouse?

When you say limit question to 7 of 8 are you referring to these questions:

Provide me with the following:

1. What the money you say I owe is for.
2. Explain and show me how you calculated what you say I owe.
3. Provide me with copies of any papers that show I agreed to pay what you say I owe.
4. Provide a verification or copy of any judgment if applicable.
5. Identify the original creditor.
6. Prove the Statute of Limitations has not expired on this account.
7. Show me that you are licensed to collect in my state.
8. Provide me with your license numbers and Registered Agent.

I got these questions off another website after I was served the complaint. You say I should ask these to the lawyers for the plaintiff:

1. Produce certified copy of the original contract I signed.
2. Complete accounting of the alleged account from the beginning.
3. Did your firm purchase the alleged debt.
4. Was the Statute of Limitations expired?

You say to file a discovery with the above questions to the lawyers for the plaintiff. Again, is this something I type up and send certified to the lawyers and give a copy to the court? Or is there a specific form to do this?

I'm sorry I need such hand holding. I just don't want to screw this up. I appreciate your time and considerate help.

BonnieMae

mr.yet:

I got this letter example off the same site where they listed the eight things to require the plaintiff to produce. This is a letter that is supposed to be sent to a collection agency within 30 days of receiving a collection notice from them. This was not intended as a discovery against the plaintiff letter but I thought after reading it and your message back to me that it might serve as a discovery against the plaintiff letter. I've made an adjustment and listed the things you told to to require of them. Would you send it as it is below and if not, what changes would you make, if you would send it at all in the form it's in as a discovery against the plaintiff by way of their attorney?

My Name
My address

Their name
Their address

Date


Re: Civil action # here?

To Whom it May Concern:

This letter is being sent to you in response to a notice (notice or complaint?) sent to me. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

1. A certified copy of the original contract that I signed.
2. Complete accounting of the alleged account from the beginning.
3. Did your firm purchase the alleged debt?
4. Prove the Statute of Limitations has not expired on this account.


At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

*Violation of the Fair Credit Reporting Act
*Violation of the Fair Debt Collection Practices Act
*Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

My Name


mr.yet, do I assume a lot of the above does not apply for a discovery against the plaintiff letter after a complaint has already been served?

Can the above letter be sent to a different collection agency even after a much longer time than 30 days from their initial contact to me has been made? Yes, I have another problem with a different collection agency, they just haven't sued me yet.

Thank you for your help. I'm eating acid reducers like they are candy.

BonnieMae

Change the court title and add plaintiff name and defendant name



Sample

IN THE DISTRICT COURT OF MARYLAND FOR CECIL COUNTY


Alleged company name

Plaintiff CASE NO. 123456789

Vs.

Your name

Defendant

INTERROGATORIES
Or DISCOVERY

TO: Company name, Plaintiff

FROM: your name, Defendant


The Defendant, pursuant to Rule 3-421 of the Maryland Rules of Civil procedure, propounds the following Interrogatories, to be answered within fifteen (15) days after service of the same, subject to the following instructions.

(a) These interrogatories are continuing in character, so as to require you to file supplementary answers if you obtain further or different information before trial.

(b) “Identify” or “Identification” when used in reference to an individual person means to state his full name, business affiliation, present or last known home and/or business telephone number and present and/or last known residence address. “Identify” or “Identification” when used in reference to a document means to state the type of document (e.g. letter, memorandum, telegram, chart, etc.) or some other means of identifying it, the date, if any, its present location and the name and address of its custodian. If any such documents was, but is no longer, in your possession or subject to your control, state the disposition was made of it and the reason for such disposition.

( c) Unless otherwise indicated, these interrogatories, and all references to the “occurrence” refer to the time, place and circumstances mentioned or complained of in the pleadings.

(d) Where knowledge or information in the possession of a party is requested, such request includes knowledge of the party's agents, representatives and unless privileged, his or its attorney. When the answer is made by a corporate or partnership plaintiff, state the name and address and title of the person supplying the information and making the affidavit, and indicate the source of information

(e) The pronoun “you” refers to the party to whom these Interrogatories are addressed, and the persons mentioned in clause (d) above.

(f) All answer are to be under oath and true, correct and complete

Please answer the following Interrogatories:

1. State you full legal name, any aliases used now or in the past, occupation, home and business addresses, and social security number.

2. Provide certified copy of the of the alleged debt and provide complete account from the beginning of alleged account

3. Provide a letter stating the whether plaintiff has purchased the alleged debt and for what amount.

4. Provide documentation of the alleged payments to the alleged and account and how they were made

5. Provide copy of the original credit application, any and all income verification that was provide to Alleged account name for the credit application.

6. Identify all person who have given written or recorded statements concerning the subject matter of this actions, including the date of each statement, the identity of the person taking the statement, and the identity of the present custodian thereof.

7. If you intent to call any expert witnesses to testify at the trial of this case, state the name, address and field of expertise of each such expert and, if any such expert has submitted a written report, attach a copy of same to our Answers to Interrogatories.

8. State the date, time, place and exact content of each an every conversation which you or your agents, representatives or employees had with the defendant, its agents, representatives, servants and/or employees, in any way pertaining to the occurrences complained of in this lawsuit, identifying the persons or representatives acting on their behalf which spoke during each such conversation and their relationship to the parties, as well as all witness to each such conversation and their relationship to you or the defendant, if any.

9. If you will rely on any documents or photographs at the trial of this case, identify each such documents, as well as the person with custody of each such documents or a true copy thereof. If you will do so without Motion to Produce, kindly attach a legible photocopy of each such document to your Answers to Interrogatories.

10. States all avers to the your claim, setting forth all facts and the basis for each such aver.






_______________________________________
Defendant name
Street.
City, state, zip
Phone #
Defendant

Bonnie, if you are still going through this... read what I have to say.

I previously worked for a debt collection agency in California. I worked in the legal department and have a lot of inside knowledge of the shady things they do. (That's why I quit.) First of all, do not admit to ANY debt. Do not confirm or deny since they record a lot of their calls. Next, request a verification of debt. This should include the original account number, the date the account was opened and closed and the last activity on the account. Depending on your state there is a statute of limitations for how long after the last transaction on the account they can still collect a debt. In California it is 4 years. If you pay even $0.01 on the debt, it is considered acknowledgement and the clock starts all over again. You should also request the original SIGNED copy of the application for credit. They will probably not even be able to produce it. These things make you not liable for the debt. I know it's a little scary to go through this, as I am going through it myself right now.